Saturday, December 8, 2012

The Third
Committee (the GA committee that deals with human rights) voted and adopted a
resolution (A/C.3/67/L.9/Rev.1 with oral amendments) put forward by El
Salvador and co-sponsored by 26 Member States from across Latin America, Africa
and Asia. I am attaching the final version given to us by the El Salvador
delegation.

As reported by AgeUK, it
establishes four key developments:

1.The fourth
session of the OEWG will be held in 2013.

2.At that fourth
session, the OEWG will consider proposals for an international legal instrument
to promote and protect the rights and dignity of older people.

3.It requests the
OEWG to present the General Assembly with a proposal as soon as possible which
contains the main elements to go in such an international legal instrument.

4.It requests the
UN Secretary General to submit to the OEWG a compilation of existing
international legal instruments that directly or indirectly address the
situation of older people.

This is an
incredibly important development. It means that the OEWG can now start focusing
directly on a what a new legal instrument, ie a convention, might look like.
It’s not setting up a drafting committee but it is one step further in the long
process towards a convention.

Here is the unofficial full text of the resolution:

Sixty-seventh
session

Third Committee

Agenda items 27 (b) and (c)

Social
development: social development, including questions
relating to the world social situation and to youth, ageing,
disabled persons and the family

Follow-up
to the International Year of Older Persons: Second
World Assembly on Ageing

Towards a
comprehensive and integral international legal instrument to promote and
protect the rights and dignity of older persons

The General Assembly,

Reaffirming the purposes and principles
of the Charter of the United Nations and the obligations contained in the
relevant human rights instruments,

Reaffirming also that the Universal Declaration
of Human Rights[1]
proclaims that all human beings are born free and equal in dignity and rights,
and that everyone is entitled to all the rights and freedoms set out therein,
without distinction of any kind, such as age, race, colour, sex, language,
religion, political or other opinion, national or social origin, property,
birth or other status,

(3) Recalling all General
Assembly resolutions on matters relating to older persons, including older
women, beginning with resolution 2542 (XXIV) of 11 December 1969, and
recalling also all relevant resolutions of the Economic and Social Council and the
Commission for Social Development and the Commission on the Status of Women
on the promotion and protection of the rights and dignity of older persons, as well as of the
Commission on the Status of Women, as appropriate;

Reaffirming the outcomes of the World Assembly on Ageing, held in
Vienna, in 1982,[2]
the United Nations Principles for Older Persons of 1991,[3] the global targets on ageing for the year 2001, as agreed in 1992,[4] and the Proclamation on Ageing of 1992,[5] as
well as the outcomes of the Second World Assembly on Ageing, held in Madrid, in
2002[6]
and the respective follow-up reviews, in particular as they pertain to the
promotion of the rights and well-being of older persons on an equal and
participatory basis,

Recognizing that different efforts made
to increase cooperation and integration and increasing awareness and
sensitivity to ageing issues since the adoption of the Madrid International
Plan of Action[7] by
Governments, relevant bodies of the United Nations system and civil society,
including non-governmental organizations and the private sector, have not been
sufficient to promote full and effective participation by and opportunities for
older persons in economic, social, cultural and political life,

Recalling its resolution 65/182 of 21
December 2010, in which it decided to establish an open-ended working group,
open to all States Members of the United Nations, for the purpose of
strengthening the protection of the human rights of older persons by
considering the existing international framework of the human rights of older
persons and identifying possible gaps and how best to address them, including
by considering, as appropriate, the feasibility of further instruments and
measures,

(7)Recalling also its resolution 66/127, in which it designated 15
June as World Elder Abuse Awareness Day, and invited States and relevant bodies
and organizations of the United Nations system, including relevant human rights
mandate holders and treaty bodies and the regional commissions, as well as
intergovernmental and relevant civil society organizations, including non‑governmental
organizations and the private sector, with an interest in the matter, to
continue to contribute to highlighting the urgent need to eliminate all forms
of abuse and violence against older persons,

Recognizing that, by 2050, more than 20
per cent of the world’s population will be 60 years old or older, and
recognizing also that the increase in the number of older persons will be
greatest and most rapid in the developing world,

(9) Recognizing also the
essential contribution that the majority of older men and women can continue
to make to the functioning of society if adequate guarantees, means and
resources, as well as the highest possible level of health care, are in place,
and that older persons must be full participants in the development process and
also share its benefits,

Reaffirming the outcomes of the major
United Nations conferences and summits and their respective follow-up reviews,
in particular as they pertain to the promotion of the human rights and the
well-being of older persons on an equal and participatory basis,

Encouraged by the increasing interest of
the international community in the promotion and protection of the rights and
dignity of older persons in the world under a comprehensive and integral
approach,

Acknowledging that there are numerous
obligations vis-à-vis older persons implicit in most core human rights treaties
but that explicit references to age in core international human rights treaties
are scarce, that there is no such instrument for older persons, and that only a
few instruments contain explicit references to age,

(13) WelcomingNotingthe reports of the Open-ended
Working Group on Ageing and welcoming the report of the United Nations High
Commissioner for Human Rights on the human rights situation of older persons,[8] which states that dedicated measures to strengthen the
international protection for older persons are called for without further
delay, including a new dedicated international instrument; include
recommendations towards a convention to remedy the existing gaps regarding
older persons in the current mechanisms and instruments,

1. Decides
that the Open-ended Working Group on Ageing,which shall be open to all member states and observers of the
United Nations,shall as part of its mandate and starting from
its upcoming fourth session, to be held in 2013, consider proposals for an
international legal instrument to promote and protect the rights and dignity of
older persons, based on the holistic approach in the work done in the fields of
social development, human rights and non-discrimination, as well as gender
equality and the empowerment of women, and taking into account the inputs of
the Human Rights Council, the reports of the Open-ended Working Group on Ageing
and the recommendations of the Commission for Social Development and the
Commission on the Status of Women, as well as the contributions from the second
global review and appraisal of the Madrid International Plan of Action on
Ageing, to be held during the fifty-first session of the Commission for Social
Development;

2. Requests
the Open-ended Working Group on Ageing to present to the General Assembly at
the earliest possible date a proposal containing, inter alia, the main elements
that an international legal instrument to promote and protect the rights and
dignity of older persons should include, which are not currently addressed
sufficiently by existing mechanisms and therefore require further international
protection;

3. Invites
States and
relevant bodies and organizations of the United Nations system, including
relevant human rights mandate holders and treaty bodies and the regional
commissions, as well as civil society intergovernmental and non-governmental organizations
with an interest in the matter, to make contributions to the work entrusted to
the Open-ended Working Group on Ageing, as set out in paragraph 1 above, and also invites
relevant Non-Governmental Organizations to contribute, as appropriate,based on the practice of the General Assembly; based on the modalities for participation agreed by the Open Ended
Working Group on Aging (9);

9) A/AC.278/2011/2

4. Requests
the Secretary-General, with the support of the Office of the United Nations
High Commissioner for Human Rights, the Division for Social Policy and
Development of the Department of Economic and Social Affairs of the Secretariat
and the United Nations Entity for Gender Equality and the Empowerment of Women,
to submit to the Open-ended Working Group on Ageing by its fourth session and
within existing resources a compilation of existing international legal
instruments, documents and programmes which directly or indirectly address the
situation of older persons, including, inter alia, those of conferences,
summits, meetings or international or regional seminars convened by the United
Nations and intergovernmental and non-governmental organizations;

5. Requests
the Secretary-General to provide the Open-ended Working Group on Ageing with
the facilities necessary for the performance of the work entrusted to it in the
present resolution;

6. Also
requests the Secretary-General to include in the report to the General
Assembly at its sixty-eighth session under the sub-item entitled “Follow-up to
the International Year of Older Persons: Second World Assembly on Ageing” comprehensive
information on the implementation of this resolution

.

[1] Resolution 217 A
(III).

[2] See Report of the World Assembly on Ageing, Vienna, 26 July-6 August
1982 (United Nations publication, Sales No. E.82.I.16).

[3] Resolution 46/91,
annex.

[4] See A/47/339, sect.
III.

[5] Resolution 47/5,
annex.

[6] See Report of the Second World Assembly on
Ageing, Madrid,
8-12 April 2002 (United Nations publication, Sales No. E.02.IV.4).

Recalling General Assembly
resolution 65/182 of 21 December 2010 on the follow-up to the Second World
Assembly on Ageing, in which the Assembly established an open-ended working
group for the purpose of strengthening the protection of the human rights of
older persons by considering the existing international framework of the human
rights of older persons and identifying possible gaps and how best to address
them, including by considering, as appropriate, the feasibility of further
instruments and measures, and taking into account that no international
instrument addresses specifically the promotion and protection of the human
rights of older persons,

Bearing in mind the Political
Declaration and the Madrid International Plan of Action on Ageing of 2002, and
relevant General Assembly resolutions,

Taking note with appreciation of the report of the Secretary-General on the follow-up to the Second
World Assembly on Ageing,[1]

Taking note with appreciation also of the report of the United Nations High Commissioner for Human Rights
on the human rights of older persons,[2]

Noting with appreciation the analytical outcome paper prepared by the Office of the High
Commissioner on normative standards in international human rights law,

Recalling general comment No. 6
of the Committee on Economic, Social and Cultural Rights on the economic,
social and cultural rights of older persons, and general recommendation No. 27 of
the Committee on the Elimination of Discrimination against Women on older women
and the protection of their human rights, as well as other relevant documents
by treaty bodies,

Conscious that older persons
represent a large and growing segment of the population, and that greater
attention is needed to the specific human rights challenges affecting them,

Concerned at the multiple
forms of discrimination faced by older personsand the high incidence of poverty among older persons, in
particular older women, people with disabilities, people of African descent,
indigenous people, people belonging to minorities, rural populations and people
living on the streets, among other groups particularly vulnerable to poverty,

1. Recognizes
that older persons face human rights challenges relating to civil,
cultural, economic, political and social rights, such as age discrimination,
long-term care, violence and abuse, social protection, adequate food and
housing, decent work, access to productive resources, and legal capacity and
health support, and that those challenges require in-depth analysis on
normative and operational protection gaps;

2. Also
recognizes that current international mechanisms have been insufficient to
promote and protect the human rights of older persons, and that dedicated
measures are needed without delay;

3. Welcomes
multilateral, regional and subregional initiatives aimed at the promotion and
protection of rights of older persons, including the development of normative
standards;

4. Calls
upon all States to ensure the realization of all human rights for older
persons, including by addressing age discrimination, neglect, abuse and
violence against older persons and by providing social integration and adequate
health care, bearing in mind the crucial importance of family intergenerational
interdependence, solidarity and reciprocity for social development;

5. Encourages
all States to conduct their age-related policies through inclusive and
participatory consultations with relevant stakeholders and social development
partners in the interest of developing effective policies creating national
policy ownership and consensus-building;

6. Calls
upon all States to adopt or improve national legal mechanisms dedicated to
the promotion and protection of the human rights of older persons;

7. Encourages
all States to ensure that older persons receive information about their rights;

8. Invites
existing special procedures and treaty bodies to integrate, within their
existing mandates, the human rights of older persons;

9. Encourages
all States to consider including in their national reports, to be submitted for
the universal periodic review, information on the human rights of older persons;

10. Requests
the Office of the United Nations High Commissioner for Human Rights to
organize, in Geneva, an intersessional public consultation on the promotion and
protection of the human rights of older persons, to receive the inputs of States
Members of the United Nations, relevant international organizations, United
Nations agencies and stakeholders;

11. Also requests
the Office of the High Commissioner to present a summary report of the above-mentioned
consultation to the Human Rights Council at its twenty-third session;

12. Decides
to continue consideration of the question of human rights of older persons at
its twenty-third session.

Friday, October 5, 2012

The world is growing old fast. In the next 10 years, the number of people over age 60 will surpass one billion.

Ageing in the Twenty-First Century: A Celebration and A Challenge, is a landmark new report published by UNFPA and HelpAge.

It makes the case for governments, NGOs, global institutions, and civil society to fully commit to a concerted global effort to realign 21st century society to fit the realities of 21st century demographics.

Thursday, September 27, 2012

The United Nations General Assembly created an Open-ended Working Group (OEWG) on Ageing in December 2010 to consider existing international framework on human rights of older persons, and identify possible gaps and how best to address them, including by considering, as appropriate, the feasibility of further instruments and measures.

Between August 21-24 the 3rd meeting of the OEWG - Open Ended Working Group of the UN for the purpose of strengthening the human rights of older persons was convened in New York.
The Chair of the group has published the summary of this meeting.
Here is the link to the full summary:

In his closing remarks, the Chair summarized important themes and discussions addressed during the interactive panel sessions. He highlighted several proposals and suggestions that were put forward by Member States and civil society organisations. The Chair stated that it was evident, that Member States continue to be interested in strengthening the protection of the human rights of older persons. In appreciating the opportunity to exchange views on ways to address this topic, the Chair noted diverging opinions that had emerged during the debate. Certain Member States felt strongly that the human rights of older persons are protected by existing instruments, and that focus should be placed on implementation through improved legal frameworks and building on existing national, regional and international instruments, with the understanding that the Madrid International Plan of Action on Ageing (MIPAA) is sufficient to protect the human rights of older persons.
The Chair noted that some Member States focused their statements on development and the need to ensure a more comprehensive protection of the human rights of older persons. Others stated that existing treaty bodies are already constrained with heavy workload and limited timelines, and therefore, could not be further burdened with the responsibility of addressing the human rights of older persons. Some Member States suggested calling upon existing United Nations Rapporteurs, while others recommended asking for special procedures from the Human Rights Council to seek recommendations on how to better protect and promote the human rights of older persons. The Chair also noted that certain Member States, as well as civil society organisations, called for the drafting of a new international instrument; a United Nations convention on the rights of older persons, to provide a binding treaty that identifies the rights of older persons as well as the obligations of State parties to the convention.

The Chair reassured official delegations and representatives of the civil society that their viewpoints would be reflected and taken into account. He emphasised the importance of the Open-ended Working Group in that regard, as well as the need to renew its mandate to continue to explore and deliberate on options for more commonly acceptable solutions to protect and promote the enjoyment of all human rights and fundamental freedoms by older persons without discrimination. Having stated that, the Chair proposed that the future course of action on this issue be left for the Third Committee to decide at the forthcoming sixty-seventh session of the General Assembly.

WHO Age-friendly Environments Programme

Background

In 2008, for the first time in history, the majority of the world's population lived in cities. Urban populations will continue to grow in the future. It is estimated that around 3 out of every 5 people will live in an urban area by 2030.At the same time, as cities around the world are growing, their residents are growing older. The proportion of the global population aged 60 will double from 11% in 2006 to 22% by 2050.Making cities and communities age-friendly is one of the most effective local policy approaches for responding to demographic ageing. The physical and social environments are key determinants of whether people can remain healthy, independent and autonomous long into their old age.Older persons play a crucial role in their communities - they engage in paid or volunteering work, transmit experience and knowledge, and help their families with caring responsibilities. These contributions can only be ensured if they enjoy good health and if societies address their needs.

About the WHO Age-friendly Environments Programme

The WHO Age-friendly Environments Programme is an international effort to address the environmental and social factors that contribute to active and healthy ageing. The Programme helps cities and communities become more supportive of older people by addressing their needs across eight dimensions: the built environment, transport, housing, social participation, respect and social inclusion, civic participation and employment, communication, and community support and health services.------------------------------------The question is how to connect the project with elder law?The answer can be found in a serious of legal articles which argue that one can use the local arena to promote the rights of older persons. See for example the articles below:http://www.wmitchell.edu/lawreview/Volume37/documents/Doron.pdfhttp://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=6614004

Saturday, August 18, 2012

Third working session of
the Open-ended Working Group on Ageing for the purpose of strengthening the
protection of the human rights of older personsThe third session of the
Open-ended Working Group on Ageing will be held from Tuesday, 21, to Friday, 24
August 2012, in Conference Room 2 (NLB) at UN headquarters. Background
information including documents from the UN and NGOs as well as reference
material and modalities of the meeting are available online: http://social.un.org/ageing-working-group/thirdsession.shtml

On 21 December 2010, the
United Nations General Assembly established an Open-Ended Working Group on
Ageing with a mandate to identify gaps in the protection of the rights of older
people and ways in which these gaps can be addressed.

Here are ten reasons why
the Working Group should recommend the strengthening of legally-binding standards
on the rights of older people and the development of a new protection regime:

1. The number of older people
worldwide is growing at an unprecedented pace. Peopleover sixty years of age make up an ever greater
percentage of the world population. Today, 760 million people are over 60; by 2050, that number will have risen to 2
billion. Older people already outnumber young children
(0-4) and will outnumber children under 15 by 2050.[2] This
trend is global. Today, 65 per cent of people over 60 live in less developed countries;
by 2050, 80 per cent will.[3]

2. There is no dedicated protection regime for
older people’s rights. Whilethe rightsof women, children, prisoners and people with disabilities are all
protected through special international conventions or standards, no such
standards exist for older peopledespite
their specific vulnerability to human rights violations.[4]

3. There are clear gaps in protections available to older people in
existing human rights standards. Only one of the existing
human rights instruments explicitly prohibits age discrimination. This has
resulted in a failure in many countries to address the multiple forms of discrimination
older people face. Specific provisions
regarding issues like elder abuse, long term and palliative care, are also
absent from existing human rights standards.

4. Older people’s rights are neglected in the
current human rights framework. UN and regional human rights bodies have largely ignored the rights of
older people. For example, of 21,353 recommendations
the Human Rights Council made during the entire first round of its peer to peer
human rights review process of all UN member states (known as Universal
Periodic Review), only 31 recommendations referred to “elderly” people or
people of “old age”.[5]

5. Age discrimination and ageism are widely
tolerated across the world. Negative
ageist attitudes towards old age and older people are deeply ingrained in many
societies and, unlike other forms of prejudice and discriminatory behavior, are
rarely acknowledged or challenged. This leads to widespread marginalization of
older people, and is at the root of their isolation and exclusion.[6]

6. Older people are highly vulnerable to abuse,
deprivation and exclusion. A
growing body of evidence shows that many older people face abuse and violence in
their own homes, and in institutional and long term care facilities. Many are
also denied the right to make decisions about their personal finances, property
and medical care.[7] They are often denied social security, access
to health and productive resources, work, food and housing.[8]

7. Older people hold rights but are often
treated with charity instead of as rights holders. Many governments see ageing predominantly as a social
welfare or development issue. This reduces older people to recipients of
charity rather than people who should enjoy their rights on the same basis as everybody
else. A paradigm shift is needed from a social welfare to a rights-based
approach.

8. National protections of older people’s
rights are inconsistent. National standards on the rights of older people are patchy and
inconsistent, as are protection regimes. As a result, few countries collect
data on violations of the rights of older people. Violations will continue
unaddressed as long as there is a gaping lack of information on their nature,
prevalence, and cause.

9. Respect for older people’s rights benefits
society as a whole. Violations of the rights
of older people lead to exclusion, poverty, and discrimination of older people.
Yet, older people make key contributions to any society through their
experience and wisdom. Better protection of the rights of older people will
allow societies to better capitalize on the potential that older people
represent. There is clear evidence, for example, that when older people’s right
to social security is realized, there is a positive impact on reduction of
poverty rates, restoration of older people’s dignity, reduction of child labour
and increased enrolment in schools.[9]

10. Older people are an increasingly powerful
group. Older people represent a rapidly
growing constituency and are among the most loyal election participants. When they vote, they can have significant political influence.[10] Governments need to address their rights and
needs or they risk losing support from this increasingly large block of voters.

Endorsed by:

HelpAge International

Human Rights Watch

[1] UN General Secretary's report, “Follow-up to the Second World
Assembly on Ageing” in 2009, A/64/127

Saturday, July 14, 2012

IGN - The International Guardianship Network has just published a wonderful and most helpful web interface that includes a global perspective on adult and elder guardianship legal regimes from countries around the world. This is an excellent tool to receive a broad and comparative perspective on this important field of elder law.
The web address is:

Friday, June 29, 2012

2012 - European Year for Active Ageing and Solidarity between Generations

The year is intended to raise awareness of the contribution that older people make to society. It seeks to encourage policymakers and relevant stakeholders at all levels to take action with the aim of creating better opportunities for active ageing and strengthening solidarity between generations.

What is active ageing?

Active ageing means growing old in good health and as a full member of society, feeling more fulfilled in our jobs, more independent in our daily lives and more involved as citizens. No matter how old we are, we can still play our part in society and enjoy a better quality of life. The challenge is to make the most of the enormous potential that we harbour even at a more advanced age. The European Year 2012 seeks to promote active ageing in three areas:Employment – as life expectancy increases across Europe, pension ages are rising, but many fear that they will not be able to stay in their current jobs or to find another job until they can retire on a decent pension. We must give older workers better chances in the labour market.Participation in society – retiring from one's job does not mean becoming idle. The contribution of older people to society as carers for others, typically their own parents or spouses and their grandchildren is often overlooked and so is their role as volunteers. The European Year seeks to ensure greater recognition of what older people bring to society and create more supportive conditions for them.Independent living – our health declines as we grow old, but a lot can be done to cope with this decline. And quite small changes in our environment can make a big difference to people suffering from various health impairments and disabilities. Active ageing also means empowering us as we age so that we can remain in charge of our own lives as long as possible.